Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 16765 of 2020 Petitioner :- Golu @ Sri Prakash And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Lal Chandra Mishra Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
By way of this writ petition petitioners want us to interfere in the investigation and want us to issue a writ of certiorari so as to quash the First Information Report dated 14.11.2020 in case crime no.213 of 2020 lodged for commission of offence under Sections 307, 435, 323, 504 I.P.C. at Police Station- Lalapur, District- Prayagraj and also for a direction not to arrest or harass the petitioners in pursuance to the aforesaid First Information Report.
The first limb of submission of the petitioners is that the F.I.R. is an off-shoot and is a concocted story. The incident occurred only because of bursting of firearms. It is further submitted by the counsel for the petitioner that no one is injured therefore section 307 I.P.C. is not made out.
We have minutely gone through the first information report. Prima facie, we are convinced that this is not a case where writ of certiorari would lie as prima facie a vehicle has been burnt by the accused, may be due to bursting of fire crackers. During COVID they could have very well stayed at home during the night hours i.e. 7:00 p.m. It is one more aspect which does not permit us to grant any relief in this matter.
The petition is devoid of merits and is dismissed.
Order Date :- 5.1.2021 shiv